EUGENE, Ore. — A new medical marijuana facility is up and running in Eugene, but state law says it shouldn’t be yet.
Emerald City Medicinal Delivery Service has been open since the beginning of October. Owner David Evans says he understands the registration process with the state hasn’t started yet, but he says there are patients who need their medicine now.
“I think that it’s time for a new honest, straight forward, legal paradigm within the canabusiness industry, and that’s why I opened Emerald City Medicinal Delivery Service,” Evans said.
However, the state says dispensaries like this are not operating under state law yet. The state website says the section of House Bill 3460 authorizing the Oregon Health Authority to register facilities does not go into effect until march first.
“We will still file for a license once they’re available on March 1, but in the meantime we need to be able to operate under a 3460 model and be able to help people with their suffering,” Evans said.
Evans acknowledges that he isn’t operating under state law right now but says he’s sitting in a grey area. As a former attorney and Oregon Medical Marijuana Program card holder, he says he can help people get medicine they need.
“We look at our relationships with our patients as a health care provider naturally enough. To that extent we also protect their records as best we can to try and be HIPPA compliant too,” Evans said.
Evans says the administrative rules for 3460 have not been drafted yet, but he’s running an honest facility by keeping patient and financial records, also checking making sure everyone are card holders.
“Not to have something like this to not be sanctioned makes no sense at all. From a human rights standpoint which is…I approach this as a former attorney and human rights advocate,” Evans said.
Evans says the administrative rules have not been drafted yet and the target date for that is Dec. 1. The state website says nothing in Oregon law protects dispensaries, growers, caregivers or patients from federal prosecution.